FEDERAL · 20 U.S.C. · Chapter SUBCHAPTER IV—STUDENT ASSISTANCE
Program authority
20 U.S.C. § 1087a
This text of 20 U.S.C. § 1087a (Program authority) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
20 U.S.C. § 1087a.
Text
(a)In general
There are hereby made available, in accordance with the provisions of this part, such sums as may be necessary (1) to make loans to all eligible students (and the eligible parents of such students) in attendance at participating institutions of higher education selected by the Secretary, to enable such students to pursue their courses of study at such institutions during the period beginning July 1, 1994; and (2) for purchasing loans under section 1087i–1 of this title. Loans made under this part shall be made by participating institutions, or consortia thereof, that have agreements with the Secretary to originate loans, or by alternative originators designated by the Secretary to make loans for students in attendance at participating institutions (and their parents).
(b)De
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Donrich Young v. Grand Canyon University, Inc.
980 F.3d 814 (Eleventh Circuit, 2020)
Student Loan Servicing Alliance v. Dist. of Columbia
351 F. Supp. 3d 26 (D.C. Circuit, 2018)
Commonwealth of Pennsylvania v. Navient Corp
967 F.3d 273 (Third Circuit, 2020)
Tuttle v. Educ. Credit Mgmt. Corp. (In re Tuttle)
600 B.R. 783 (E.D. Wisconsin, 2019)
Commonwealth v. U.S. Dep't of Educ.
340 F. Supp. 3d 7 (D.C. Circuit, 2018)
Valentine v. Valentine
500 P.3d 514 (Idaho Supreme Court, 2021)
Greene v. U.S. Department of Education (In re Greene)
484 B.R. 98 (E.D. Virginia, 2012)
Ayele v. Educational Credit Management Corp.
468 B.R. 24 (D. Massachusetts, 2012)
Guillermety v. Secretary of Education of the United States
241 F. Supp. 2d 727 (E.D. Michigan, 2002)
Manriquez v. DeVos
345 F. Supp. 3d 1077 (N.D. California, 2018)
Poirier v. Educational Credit Management Corp. (In Re Poirier)
346 B.R. 585 (D. Massachusetts, 2006)
Educational Credit Management Corp. v. Beattie
490 B.R. 581 (W.D. Washington, 2012)
Novak v. Univ. of Miami (In re Demitrus)
586 B.R. 88 (D. Connecticut, 2018)
United States v. Foley
729 F. Supp. 2d 371 (D. Maine, 2010)
United States v. Vilus
419 F. Supp. 2d 293 (E.D. New York, 2005)
Kleckner v. AES (In re Kleckner)
560 B.R. 172 (E.D. Pennsylvania, 2016)
Buwana v. U.S. Department of Education (In Re Buwana)
338 B.R. 441 (D. Colorado, 2004)
Use of the HEROES Act of 2003 to Cancel the Principal Amounts of Student Loans
(Office of Legal Counsel, 2022)
Ian Humphrey v. Navient Solutions, Inc.
(Seventh Circuit, 2019)
New York Legal Assistance Group v. Cardona
(S.D. New York, 2021)
Source Credit
History
(Pub. L. 89–329, title IV, §451, as added Pub. L. 99–498, title IV, §404, Oct. 17, 1986, 100 Stat. 1437; amended Pub. L. 102–325, title IV, §451, July 23, 1992, 106 Stat. 569; Pub. L. 103–66, title IV, §4021, Aug. 10, 1993, 107 Stat. 341; Pub. L. 103–382, title III, §358A, Oct. 20, 1994, 108 Stat. 3968; Pub. L. 110–227, §7(a), May 7, 2008, 122 Stat. 746; Pub. L. 116–260, div. FF, title VII, §702(a)(2), Dec. 27, 2020, 134 Stat. 3138.)
Editorial Notes
Editorial Notes
Prior Provisions
A prior section 1087a, Pub. L. 89–329, title IV, §451, as added Pub. L. 90–575, title I, §141, Oct. 16, 1968, 82 Stat. 1031; amended Pub. L. 92–318, title I, §136(a), (b)(1), June 23, 1972, 86 Stat. 272, authorized appropriations for cooperative education programs from the fiscal year ending June 30, 1969, through the fiscal year ending prior to July 1, 1975, prior to repeal by Pub. L. 94–482, title I, §129(a), Oct. 12, 1976, 90 Stat. 2144, eff. 30 days after Oct. 12, 1976.
Amendments
2020—Subsec. (c). Pub. L. 116–260 added subsec. (c).
2008—Subsec. (a). Pub. L. 110–227, in first sentence, inserted "(1)" before "to make loans" and "; and (2) for purchasing loans under section 1087i–1 of this title" before period at end and, in second sentence, substituted "Loans made under this part shall" for "Such loans shall".
1994—Pub. L. 103–382 designated existing provisions as subsec. (a), added heading, and added subsec. (b).
1993—Pub. L. 103–66 amended section generally, substituting provisions relating to program authority for former provisions relating to program and payment authority.
1992—Pub. L. 102–325 amended section generally, substituting provisions relating to program and payment authority for Federal direct loan demonstration program for former provisions relating to statement of purpose of income contingent direct loan demonstration project.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by Pub. L. 116–260 effective July 1, 2024, except as otherwise expressly provided, and applicable with respect to award year 2024–2025 and each subsequent award year, as determined under this chapter, see section 701(b) of Pub. L. 116–260, set out as a note under section 1001 of this title.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–325 effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as a note under section 1001 of this title.
Income Contingent Loan Distribution of Funds
Pub. L. 102–325, title IV, §452, July 23, 1992, 106 Stat. 575, provided that:
"(a) In General.—After September 30, 1992, and not later than March 31, 1992, the capital balance of the student loan fund established under part D of title IV of the Higher Education Act of 1965 [20 U.S.C. 1087a et seq.] (as such Act was in effect on the date of enactment of this Act [July 23, 1992]) shall be distributed by allowing institutions to transfer any remaining funds, including future collections and all other funds at the institution's discretion, to such institution's part E [20 U.S.C. 1087aa et seq.] account, part C [20 U.S.C. 1087–51 et seq.] fund, or subpart 3 of part A [20 U.S.C. 1070b et seq.] fund under the terms and conditions of the appropriate program.
"(b) Conversion of Existing Loans.—Institutions may, after July 1, 1992, convert all outstanding loans made under part D of title IV of the Higher Education Act of 1965 [20 U.S.C. 1087a et seq.] (as such Act was in effect on such date) to part E [20 U.S.C. 1087aa et seq.] loans, provided that such institution—
"(1) notify the borrower of such conversion;
"(2) obtain a signed part E promissory note from the borrower for the remaining amount outstanding; and
"(3) provide the borrower in writing with a description of all terms and conditions of the new loan."
Prior Provisions
A prior section 1087a, Pub. L. 89–329, title IV, §451, as added Pub. L. 90–575, title I, §141, Oct. 16, 1968, 82 Stat. 1031; amended Pub. L. 92–318, title I, §136(a), (b)(1), June 23, 1972, 86 Stat. 272, authorized appropriations for cooperative education programs from the fiscal year ending June 30, 1969, through the fiscal year ending prior to July 1, 1975, prior to repeal by Pub. L. 94–482, title I, §129(a), Oct. 12, 1976, 90 Stat. 2144, eff. 30 days after Oct. 12, 1976.
Amendments
2020—Subsec. (c). Pub. L. 116–260 added subsec. (c).
2008—Subsec. (a). Pub. L. 110–227, in first sentence, inserted "(1)" before "to make loans" and "; and (2) for purchasing loans under section 1087i–1 of this title" before period at end and, in second sentence, substituted "Loans made under this part shall" for "Such loans shall".
1994—Pub. L. 103–382 designated existing provisions as subsec. (a), added heading, and added subsec. (b).
1993—Pub. L. 103–66 amended section generally, substituting provisions relating to program authority for former provisions relating to program and payment authority.
1992—Pub. L. 102–325 amended section generally, substituting provisions relating to program and payment authority for Federal direct loan demonstration program for former provisions relating to statement of purpose of income contingent direct loan demonstration project.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Amendment by Pub. L. 116–260 effective July 1, 2024, except as otherwise expressly provided, and applicable with respect to award year 2024–2025 and each subsequent award year, as determined under this chapter, see section 701(b) of Pub. L. 116–260, set out as a note under section 1001 of this title.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–325 effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as a note under section 1001 of this title.
Income Contingent Loan Distribution of Funds
Pub. L. 102–325, title IV, §452, July 23, 1992, 106 Stat. 575, provided that:
"(a) In General.—After September 30, 1992, and not later than March 31, 1992, the capital balance of the student loan fund established under part D of title IV of the Higher Education Act of 1965 [20 U.S.C. 1087a et seq.] (as such Act was in effect on the date of enactment of this Act [July 23, 1992]) shall be distributed by allowing institutions to transfer any remaining funds, including future collections and all other funds at the institution's discretion, to such institution's part E [20 U.S.C. 1087aa et seq.] account, part C [20 U.S.C. 1087–51 et seq.] fund, or subpart 3 of part A [20 U.S.C. 1070b et seq.] fund under the terms and conditions of the appropriate program.
"(b) Conversion of Existing Loans.—Institutions may, after July 1, 1992, convert all outstanding loans made under part D of title IV of the Higher Education Act of 1965 [20 U.S.C. 1087a et seq.] (as such Act was in effect on such date) to part E [20 U.S.C. 1087aa et seq.] loans, provided that such institution—
"(1) notify the borrower of such conversion;
"(2) obtain a signed part E promissory note from the borrower for the remaining amount outstanding; and
"(3) provide the borrower in writing with a description of all terms and conditions of the new loan."
Cite This Page — Counsel Stack
Bluebook (online)
20 U.S.C. § 1087a, Counsel Stack Legal Research, https://law.counselstack.com/usc/20/1087a.